In re the Estate of Haskel

S. Samuel Di Falco, S.

The petitioner in this proceeding to compel the administratrix to account, is the son of the decedent by Phoebe Haskel. The administratrix is the daughter of the decedent by Fannie Haskel. She challenges the validity of the decedent’s marriage to petitioner’s mother and, consequently, the petitioner’s status as a distributee.'

The marriage to Fannie Haskel is not questioned. She is still living. Her affidavit and the respondent’s answer claim that this marriage was never dissolved. However, the petitioner offered in evidence a decree of divorce made by a competent court…